Jim Pocrass is a leading bike attorney representing people from throughout Southern California who suffer serious personal injuries – or the families who lost a loved one to a wrongful death – because of the carelessness or negligence of another. Jim is a cyclist and active in the bicycle community, supporting numerous bike-related causes. He also is on the board of directors of the Los Angeles County Bicycle Coalition. For a free consultation, or to contact Jim, visit www.pocrass.com or call 310.550.9050.
A couple of weeks ago, Jim volunteered to answer Streetsblog reader questions about legal matters. His answers proved so detailed that we decided to break them up into a five part series (one per question) rather than one giant story. Part 1 is available here.
Q: Council members have recently been shutting down proposed road diets that would make well-known dangerous streets safer (sometimes they do so under the guise of “safety”). Would an individual hit or injured while biking (or walking) on one of these notorious streets – after a council member vetoes a proposed bike/pedestrian safety enhancement – have any legal standing to take (successfully) the city or council office to court?
A: For those who come upon this post and who may not know what a road diet is, let me define it before I answer the question.
Simply put, a road diet is the popular term for when a road is reconfigured to add a bike lane, a pedestrian crossing island, and/or parking. Research has shown that a road diet increases safety by reducing collisions for bicyclists, pedestrians, and motorists.
Benefits of a road diet include reduced vehicle speeds, improved mobility and access, reduced collisions and injuries, and improved livability and quality of life (U.S. Department of Transportation, Federal Highway Administration).
Some motorists complain because since a road diet also decreases the speed that they can drive, they believe it increases congestion and the time it takes them to get from point A to point B. There is some research to indicate that this is not true, but perception is often “everything.” In some cities, this has led to what the New York Times labeled “The Bike Wars.”
Now, back to your question. It isn’t as easy to sue a government entity (city, county, state or federal government body or representative), as one would think. Read more…